IN THE CASE OF:
BOARD DATE: 8 October 2015
DOCKET NUMBER: AR20150001959
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of Orders D-11-342605, dated 25 November 2003, to show he was discharged from the U.S. Army Reserve (USAR) on 7 November 2002 vice 20 February 2002.
2. The applicant states he joined the U.S. Air Force (USAF) on 8 November 2002. Orders D-11-342605 were published 1 year and 17 days after this date. The order backdated his Individual Ready Reserve (IRR) release date after he had legally served the time. At any point during that time, the Army could have called him back up. His USAR discharge date of 20 February 2002 has caused a break in service that has changed his pay date and resulted in the USAF recalculating his pay for the last 12 years served.
3. The applicant provides two DD Forms 214 (Certificate of Release or Discharge from Active Duty), DD Form 215 (Correction to DD Form 214), orders, and DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants DD Form 4, dated 21 January 1998, shows he enlisted in the USAR Delayed Entry Program (DEP) for 8 years on 21 January 1998. He had a military service obligation of 20 January 2006. He was discharged from the DEP on 17 February 1998.
3. He enlisted in the Regular Army (RA) on 18 February 1998 for a period of 4 years. He was honorably released from active duty on 17 February 2002 and he was transferred to the USAR Control Group (Reinforcement). He completed 4 years of creditable active service.
4. Item 6 (Reserve Obligation Termination Date (ROTD)) of the DD Form 214 he was issued for this period of service shows his ROTD was 20 January 2006
5. He provides a DD Form 214 for the period ending 20 February 2003 wherein it shows he enlisted in the Regular Air Force (RAF) on 8 November 2002. He was separated from the RAF on 20 February 2003 for the purpose of accepting a commission in the USAF.
6. He provides and his record contains Orders D-11-342605, dated 25 November 2003, issued by the U.S. Army Human Resources Command (HRC), honorably discharging him from the USAR Control Group (Reinforcement) effective 20 February 2002.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms when the applicant was released from the RA on 17 February 2002 his ROTD was 20 January 2006. However, prior to the end of his ROTD, he enlisted in the RAF. In November 2003, HRC published orders discharging him from the USAR effective 20 February 2002. It appears an error occurred when these orders were prepared as his ROTD would have ended on 7 November 2002, the date prior to his entry on active duty in the RAF, and that is the date he should have been discharged from the USAR Control Group.
BOARD VOTE:
___X_____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Orders D-11-342605, dated 25 November 2003, to show he was honorably discharged from the U.S. Army Control Group (Reinforcement) effective 7 November 2002.
____________X___________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20150001959
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ABCMR Record of Proceedings (cont) AR20150001959
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